K KESAVA REDDIAR GOLD MERCHANT QUILON TRAVANCORE-COCHIN Vs. LABOUR APPELLATE TRIBUNAL OF INDIA MADRAS

JUDGEMENT

(1.) THE petitioner, who manufactured and sold gold jewels at Quilon, applied under article 228 of the Constitution for the issue of a writ of certiorari to set aside the order of the Labour Appellate Tribunal at Madras dated 9-5-1956.

(2.) ON 19-ll-1954 the Government of Tra-vancore-Cochin State ordered a reference under Section 10 (1) (c) of the Industrial Disputes Act Act XIV of 1947 ). The "industrial Disputes" set out in the annexure to that order were :

(3.) THE real question for determination was whether the 12 persons, whose names were enumerated in the order of reference under Section 10 (1) (c), were "workmen" as defined by Section 2 (s) of the Act. If they were not workmen within the meaning of Section 2 (s) there could obviously be no industrial dispute within the meaning of section 2 (k ). The relevant portion of Section 2 (s) runs: